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(영문) 서울동부지방법원 2016.04.07 2015고단3929
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 23, 2015, the Defendant boarded in a taxi operating C at around 00:05 and brought a bath to a taxi engineer.

Therefore, the above taxi driver reported the patrol car in front of the Eart in Seongdong-gu Seoul, Seongdong-gu, Seoul at around 00:10 on the same day, and requested the police officer G, etc. belonging to the Seoul Sungdong Police Station Fack Police Station, who was aboard the above patrol vehicle, and the defendant tried to continue to engage in the above taxi driver's desire.

As such, the police officer mentioned above took place, and the defendant expressed his desire to “Yych Ye....” with the left hand, and assaulted to the right hand of the above police officer, thereby obstructing the police officer’s legitimate execution of duties concerning the prevention of crime, suppression and investigation of crime, public peace and order maintenance.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. C’s statement;

1. The F police box service and the photograph [it is alleged to the effect that the Defendant is not aware of his memory under the influence of alcohol at the time, but in light of the content of the instant crime and the circumstances before and after the instant crime, it is not recognized that the Defendant had reached the mental and physical weakness at the time of the instant crime];

Application of Statutes

1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The crimes of this case committed by the police officers dispatched upon receiving a report on the reason for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing as set forth below) are bad in the nature of the crime.

However, the sentencing conditions shown in the pleadings of this case, such as the defendant's age, sex, environment, motive, means and consequence of the crime, etc., are considered as favorable circumstances for the defendant, and the sentencing conditions shown in the arguments of this case, such as the following circumstances, shall be determined like the order.

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